Frasers Property Australia Website Survey Conditions of entry (Conditions)
1 Information about prizes and how to enter forms part of these Conditions. By entering, entrants accept these Conditions. Nothing in these Conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
2 Entry to this competition and eligibility to receive a prize in this competition is open only to Australian residents aged 18 years or older. Directors, management and employees of the Promoter, associated companies or agencies as well as the immediate families of any of these people are not eligible to enter or receive a prize.
3 The competition begins at 12:01 am (Sydney time) on Tuesday 18th June 2019 and closes at 11:59 pm (Sydney time) on Sunday 30th June 2019 ( Competition Period ).
4 To enter, entrants must, during the Competition Period:
(a) fully complete the survey form found at https://www.surveymonkey.com/r/B97RXPS; and
(b) tell us in 500 words or less “How can we improve the website experience for you?”.
5 Entries must be received by the Promoter during the Competition Period. Each entrant may only submit one entry in the competition.
6 The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over mobile telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
7 The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
8 Each entrant is responsible for the entry that he/she submits and for paying for the costs associated with entering the competition and accessing the website.
9 The Promoter’s judging panel will review all valid entries received during the Competition Period. On or about 2nd July 2019, the judging panel will judge all entries based on creativity and originality . This is a game of skill and chance plays no part in determining the winners. The five valid entries from an entrant that are judged by the judging panel to be the best entries will each win a prize (each a “ Prize Winner ”). The Promoter’s judging panel’s decisions in relation to all aspects of the competition is final and no correspondence will be entered into or provided in respect of their decision.
10 Entries that are found or reasonably suspected by the Promoter to have been derived from third party work will be considered invalid and, if awarded a prize, that prize must be returned to the Promoter. Without limiting the generality of other conditions, the Promoter reserves the right to take legal action against anyone found to have breached this condition. The Promoter reserves the right in its sole discretion to (a) not consider any entry which is not in accordance with these Conditions and (b) disqualify any individual who the Promoter has reason to believe has breached any of these conditions of entry or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition. The Promoter’s legal rights to recover damages and other compensation are reserved.
11 Each entrant warrants and agrees that:
(a) the entrant has created the entry by himself or herself;
(b) the entrant is entitled to reproduce and exploit all of the underlying works in the
(c) the entrant will not submit material in their entry that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the entrant is the owner of such rights;
(d) the entrant has not been previously published in any other medium or forum
(e) they will not submit material that is unlawful; obscene; defamatory; derogatory; threatening; pornographic; sexually inappropriate; violent; abusive; harassing; hateful; racially, religiously or ethnically offensive; or encourages, evidences or indicates conduct that would be considered a criminal offence, gives rise to civil liability or violates any law;
(f) the entry must not c ontain viruses or cause injury or harm to any person or entity;
(g) the entrant has not granted rights to their entry to any other person which are inconsistent with the rights granted to the Promoter.
12 Each entrant consents to the Promoter (and each of its assignees and licensees) doing or omitting to do anything which may infringe any and all moral rights of the entrant including to edit, alter and reproduce the entry, and that such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth).
13 As a condition of accepting the prize, each Prize Winner agrees to: (a) if required by the Promoter, sign a statutory declaration regarding the originality of their entry; and
(b) irrevocably and unconditionally assign to the Promoter all of the Prize Winner’s right, title and interest (including, without limitation, all intellectual property rights such as present and future copyright) in and to the winning entry and to sign a document (in a form to be determined by the Promoter) to acknowledge this assignment to the Promoter.
14 Each Prize Winner acknowledges and agrees that the Promoter (and each of its assignees and licensees) have the right, in their absolute discretion, to edit, amend, copy, use, publish, broadcast and communicate to the public, the Prize Winner’s entry in any media including the internet, without any further consultation, reference, payment or any other compensation to the Prize Winner.
15 Each entrant must create their own entry and only submit an entry in their own name. All entries become the property of the Promoter.
16 Each Prize Winner will win a prize of Myer Gift Card valued at $100.00 (including GST).
17 The total prize pool for this competition is valued at $500.00. All prize values are the recommended retail value (including GST) in Australia as provided by the supplier and are correct at the time of printing.
18 A Prize Winner’s use of the prize is subject to the terms and conditions in respect of the prize as set by the supplier from time to time.
19 The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
20 Once any prize has left the Promoter’s or supplier’s premises, the Promoter and its agencies and companies associated with the competition will not be responsible for any delay in delivery of, or loss or damage to, the prize.
21 The Promoter will use reasonable endeavours to notify each Prize Winner by email within two days of the judging of the Prize Winner.
22 The Promoter may require a Prize Winner to verify their entry and provide proof of identity, age, purchase, residency or their Australian address at the nominated prize delivery address. Proof considered suitable for verification is at the Promoter’s discretion. Failure to provide any of this verification to the Promoter upon request may, at the Promoter’s discretion, invalidate the Prize Winner’s entry or eligibility to receive the prize.
23 The Promoter will email or mail prizes directly to the Australian address notified by the relevant Prize Winner to the Promoter, and will use reasonable endeavours to do sowithin 28 days of judging the Prize Winners.
24 If a winning entry is deemed not to comply with these Conditions, the entry will be discarded and the entrant will not be eligible to receive the prize.
25 The Promoter may verify the validity of entries and, in its sole discretion, disqualify all entries from, and prohibit further participation in this competition by, any person who manipulates or tampers with or benefits from any manipulation of or tampering with the entry process or the operation of the competition (including, but not limited to, soliciting votes; disguising an IP address; using multiple email addresses, aliases or other electronic account to submit multiple entries for the same person); violates these Conditions; acts in a disruptive or dishonest manner; acts with an intent to annoy,
abuse, threaten or harass any other person or jeopardises the fair operation of the competition.
26 Prizes are not transferable or exchangeable and cannot be redeemed for cash. If, for any reason, a winner does not take an element of the prize at the time stipulated by the Promoter, that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize. The Promoter accepts no responsibility for any variation in prize value. Where a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter.
27 If, for any reason, any aspect of this competition is not capable of running as planned, including by reason of infection by computer virus, mobile network failure, bugs, tampering, manipulation, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition or invalidate any affected entries.
28 The Promoter accepts no responsibility for any tax implications that may arise from the prize or this competition. Independent financial advice should be sought. Where the operation of this competition results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
29 In the event of a prize not being accepted or claimed by an initial Prize Winner, the judging panel will select an alternate Prize Winner with the entry judged to be the next best entry to receive that prize.
31 The Promoter is Frasers Property AHL Limited (ACN 008 443 696) of Level 2, Building C, 1 Homebush Bay Drive, Rhodes NSW 2138. Phone: (02) 9767 2000.